Legal Opinion

Terrill v. Chambers

Supreme Court of Louisiana

Decided October 15, 1838PublishedCited by 1 opinion

Western Dist. APPEAL PROM THE COURT OF TI-IE SIXTH JUDICIAL DISTRICT FOR THE PARISH OF RAPIDES, THE JUDGE OF TIIE FIFTH PRESIDING. This is an action of waste, to recover damages of the defendant for cutting and taking timber from a back concession of land, which the plaintiff alleges lies immediately behind his front tract, and to which he is entitled by preference, and has made all the necessary preparations to enter and purchase it from the government of the United States.

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Western Dist. APPEAL PROM THE COURT OF TI-IE SIXTH JUDICIAL DISTRICT FOR THE PARISH OF RAPIDES, THE JUDGE OF TIIE FIFTH PRESIDING. This is an action of waste, to recover damages of the defendant for cutting and taking timber from a back concession of land, which the plaintiff alleges lies immediately behind his front tract, and to which he is entitled by preference, and has made all the necessary preparations to enter and purchase it from the government of the United States. He further shows, that the defendant has committed waste, by cutting and carrying awTay timber from said land, to his…

1Opinion of the CourtMartin, J.

The plaintiff states himself to be the owner of a tract of land, and as such entitled to acquire, under the act of congress, what is commonly called a “ back concession,” which he has not been able to effect, because the government has never offered the land for sale. That he has had it surveyed, and filed his application in the proper office, and taken actual possession of the same: And that the defendant, well knowing this, and notwithstanding his remonstrances, has committed waste on the premises, by cutting down and carrying away much valuable cypress timber.

The defendant pleaded the…

2Cited by1 opinion

  1. Howell v. Metropolitan Land Co.Supreme Court of Louisiana · 1910

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